'Parking Charge Notice' fr private parking

peter_the_piper

""They state that the car park is regulated by the contract conditions displayed in the car park and by implication I entered into a contract with LDK security or the landowner and I accepted the terms & conditions that apply by leaving my vehicle at my own risk.""

You could just as easily put a sign in your car to say that
"By reading this sign you enter into a binding contract to pay you £100.00, £50.00 if paid before you leave the car park.""
It would have as much validity as theirs.

torontoboy45

'LDK -taking parking to the next level'! LOL!

it should read 'LDK - taking the road to hell in a handcart' (which they will when the clamping ban kicks in).

and what's this about the car being 'illegally parked? where's the illegality of parking on private land?

don't get spooked by their threats - they're all empty. expect a few more before they give up infrustration.

esmerobbo

As advised just ignore them from now. You are taking them far to serious.

As P T P pointed out you can not just put a sign up and form a contract!

If it was that easy I could put if you GemGemGem post after this post you owe us all £1 a word!

Relax the letters are meant to scare you that is their only weapon.;)

goldenchild79

Hi i'm a bit new to this!

My wife in her infinite wisdom parked her car in a disabled bay at DEEPDALE Shoppiong Centre towards the end of 2010.

She went into a shop for approx 10 mins and upon returning discovered a PCN.

Following the majority of advice we decide not to pay the obscene amount £100.00 and as such just ignored it.

The letters then began, obviously once UKCPS had paid £2.50 for the owners details and address fom DVLA.

We recieved 1st letter then 1 week later a reminder then a recovery agency letter a week later then their reminder a week after that. All threatening CJS and all that jazz.

The below link shows what letters to expect from UKCPS!
http:// forums.moneysavingexpert.com/showthread.php?t=2214803

However today we have received an additional one not shown on the link that states that we have ignored their letters, as well as the recovery letters.

It states the initial time and date of issue, the location, the vehicle registration, make and model and reason "in a disabled bay without badge displayed. Followed by dates the company sent reminders (although not recorded delivery and no prove we received them) then followed by:

"WE HAVE ALSO ASKED OUR COLLECTIONS AGENCY 'COURT PROCEEDINGS LTD' TO RECOVER THIS DEBT. YOU HAVE STILL FAILED TO SETTLE. WE ARE THERFORE LEFT WITH NO OTHER OPTION THAN TO ISSUE A COUNTY COURT SUMMONS. THIS LETTER IS FORMAL INTENTION OF OUR FORTHCOMING ACTION.
YOU HAVE CLEARLY FAILED TO HONOUR THIS CONTRACT; THEREFORE TODAY I HAE PREPARED PAPERS FOR COURT ACTION TO RECOVER THE AMOUNT DUE AND ANY EXPENSES INCUURRED IN RECOVERY"
"IF YOU WISH TO SETTLE THIS MATTER BEFORE COURT PROCEEDINGS PLEASE CONTACT US IMMEADIATELY ON THEIR TEL #. IF WE DO NOT HEAR FROM YOU WITHIN 7 DAYS OF THIS LETTERWE WILL PRROCEED AS OUTLINED ABOVE. THE AMOUNT OWING IS NOW £150.00"..........

Should we continue to ignore this companies letters?? Do you think we will end up in court? should we just now pay £150.00?

I am fairly confident i could go to court and state as a defence that they need to prove my wife or who was driving! if they cant then surely therefore she has no case to answer? Am i right in thinking that if this happened, we have no obligation to court to state who was driving? Would this then result in the case being dismissed?

A million questions i know........ but starting to get a bit twitchy about it now??? just want to know what is for the best?

esmerobbo

UKCPS have been pushing these disabled bay invoices. They seem to have gathered courage by being associated with Mobilise! To gain a successful judgement they would need to know who to sue, namely the driver. The two cases recently both parties admitted to being the driver and defended on not seeing the signs. Somehow the court decided in UKCPS favour.

They would have to prove the driver, prove the contract was entered into, and that the charge was not a penalty. They have done so in the past if we believe the cases were real? They have boasted about their wins, but I dont think they would publicise their defeats.

I would carry on ignoring them if it was me, but I just thought I would warn you that UKCPS have gone to court! However I have no doubt a properly defended case would not be lost!

Both cases can be seen here:

http://forums.pepipoo.com/index.php?showtopic=50228
http://forums.pepipoo.com/index.php?showtopic=52539&st=0

pogofish

goldenchild79 wrote: »

It states the initial time and date of issue, the location, the vehicle registration, make and model and reason "in a disabled bay without badge displayed.

Also be aware that the Blue Badge scheme does not apply on private property - So this letter is if anything, even more surplus than anything else they send out.

Keep ignoring!

Coupon-mad

How do they know who the driver was and whether or not he or she was disabled, or was picking up or dropping off someone who meets the Equality Act definition of disability? Never mind the blue badge or not, was anyone in the car suffering from any long term condition which affects their every-day life? If so then they would have been entitled to park there by law.

I think, bearing in mind that we know UKCPS have taken a few people to Court for disabled bay parking, it may be worth the registered keeper saying 'Send your letters to the driver, I am the registered keeper of that vehicle and as such have not entered into any contract with UKCPS'. I think I might be tempted to do that, just a simple letter in reply to their letter. Not saying anything about who was driving (and not mentioning any 'PCN' - which only the driver would have seen...).

But what do you mean 'I would go to Court'. Are you the registered keeper then? If so then let them try Court if they must and you can truthfully say you were not driving.